Matter of J.M.

We represented J.M., a federal contract employee whose security clearance was revoked when she transitioned from male to female. We filed an administrative appeal in 2008, and in 2009 we accompanied our client to a personal appearance before a panel of security officials. In 2010, our appeal was denied on the ground that the government’s “concerns were not mitigated.” We then requested a “second-level appeal,” but in August 2011, a “panel of senior officers” denied that appeal because “[a]ny doubts about an individual having access to classified information must be resolved in favor of the national security.”  Because the Supreme Court has held that there is no judicial review of security clearance determinations, the administrative determination ended the case.